ELECTRICITY REGULATION 2006

Queensland Consolidated Regulations

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ELECTRICITY REGULATION 2006

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Definitions
4. Purposes
5. How purposes are to be achieved
6. Words have the same meaning as in wiring rules
7. Way of describing electrical articles and appliances

CHAPTER 2--TECHNICAL REQUIREMENTS

Part 1--Preliminary

8. Application of ch 2

Part 2--Design, building and maintenance of electric lines and works

Division 1--Compliance with part

9. Compliance with this part

Division 2--Earthing, frequency and voltage

10. Systems of earthing
11. Supply at low voltage
12. Supply at high voltage
13. Changes of voltage at customer's consumers terminals

Division 3--Service lines

14. Service lines on customer's premises—electricity entity's obligations
15. Service lines on customer's premises—customer's obligations

Division 4--Maintenance of works

16. Maintenance of works
17. Clearing, lopping and pruning of trees on non-freehold land

Division 5--Works on publicly controlled places

18. Notice to be given to public entity
19. Electricity entity must comply with public entity's requirements
20. Guarding of work on publicly controlled place
21. Restoration of publicly controlled place
22. Electricity entity to keep publicly controlled place in good repair after work
23. Warning signs on roads

Part 3--Customers' electrical installations

24. Installation and operation of electric line beyond person's property
25. Power factor
26. Prevention of interference by motor installations and associated starting devices
27. Interference with supply of electricity
28. Customer's generating plant for interconnection to supply network
29. Requirement for circuit-breaker
30. Coordination of customer's protection devices with electricity entity's protection system

CHAPTER 3--ELECTRICITY SUPPLY AND SALE TO CUSTOMERS

Part 1A--Provisions prescribing particular customer types

Division 1--Small customers
Subdivision 1--Preliminary

30A. Operation of div 1
30B. Definitions for div 1
Subdivision 2--Initial classification
30C. Premises with existing supply point
30D. Premises with new supply point
30E. Initial classification subject to reclassification
Subdivision 3--Distribution entity-initiated reclassification
30F. Power to redecide classification
30G. Information notice for particular reclassifications
30H. Deferral of particular reclassifications until appeal expiration day
Subdivision 4--Reclassification by application
30I. Who may apply
30J. Restriction on reapplying
30K. Making and deciding of application
30L. Notice of decision
30M. When decision takes effect
Subdivision 5--Provisions for deciding classification
30N. Application of sdiv 5
30O. Consumption threshold for small customer classification
30P. Reference to consumption data
30Q. Discretion to use estimate if consumption data inaccurate
30R. Use of estimate if no consumption data available
30S. Permitted bases for estimates
30T. Supply points can not be totalled

Division 2--Market customers

30U. Operation and application of div 2
30V. Particular customers who are market customers
30W. Particular large customers
30X. Particular customers for changes to a premises
30Y. Particular new customers
30Z. Particular small customers are not market customers

Part 1--Distribution entities

Division 1--Obligations of distribution entities and customers

34. When distribution entity may refuse to connect or may disconnect
36. Regulating customer's use etc. of electricity
37. Action if notice not complied with

Division 2--Meter and control apparatus requirements for premises

38. Application of div 2
39. Who is the responsible person
40. Customer to change electrical installation for meter connection
41. Customer to provide links connecting meter to incoming supply
42. No breaking or interfering with meter seal
43. No breaking or interfering with control apparatus seal
44. Placing meter or control apparatus on customer's premises
45. Change of placement if building changes or works
46. Customers to provide safe access

Division 3--Substations on customers' premises

57. Application of div 3
58. Meaning of owner in div 3
59. Owner to provide space for substation
60. Supply to other customers from substation
61. Limitation of compensation
62. Taking away distribution entity's equipment

Division 4--What is not unfair or unreasonable for large customers

63. Differing methods of charging
64. Negotiated connection contracts
65. Differing security
66. Different terms and capital contributions that are reasonable

Part 2--Retail entities

67. Prescribed circumstances for physical connection to a supply network—Act, s 48D
71. When retail entity is not obliged to provide customer retail services

Part 3--Retailer of last resort scheme

Division 1--Preliminary
Subdivision 1--Application

72. Application of pt 3
73. Scheme does not affect contracts under Gas Supply Act 2003
74. Corporations legislation displacement provision for pt 3
Subdivision 2--Interpretation
75. Who is an affected customer
76. Who is the retailer of last resort or the ROLR
Subdivision 3--Administration of scheme
77. QCA administers scheme

Division 2--Regulated default retail contract
Subdivision 1--Making of regulated default contract

78. Default contract on ROLR event
79. ROLR contract binds ROLR and affected customer
80. Ending of customer's liability to defaulting retailer
Subdivision 2--ROLR contract terms for small customers
81. Terms
Subdivision 3--ROLR contract terms for large customers
82. Application of sdiv 3
83. ROLR's standard terms generally apply
84. Price and charges for customer retail services
85. Additional one-off ROLR fee
Subdivision 4--Other provisions about ROLR contract
86. ROLR contract does not prevent a negotiated retail contract
87. Ending of ROLR contract

Division 3--Facilitation of transfer from defaulting retailer to ROLR

87A. Purposes of div 3
87B. Who is a relevant person
87C. Things taken to be done
87D. ROLR may require information
87E. Compliance with requirement
87F. Use of information

Division 4--Miscellaneous provision

87G. Power of QCA to require plans and procedures about scheme

Part 4--Disputes about what is fair and reasonable

88. Dispute resolution
89. QCA may seek advice or information
90. Parties to maintain secrecy of advice or information

Part 6--Electricity restrictions

Division 1--Preliminary

92. Purpose of pt 6

Division 2--Restrictions in Ergon Energy distribution area

93. Where restrictions apply
94. Restrictions

Part 7--Prescribed matters about notified prices

Division 1--Required consultation for fixing benchmark retail cost element
Subdivision 1--Preliminary

95. Prescribed consultation—Act, s 91G(3)
Subdivision 2--Interim steps
96. Interim consultation notice
97. Making and publication of submissions
98. Considering submissions
99. Release of draft decision material
Subdivision 3--Final steps
100. Final consultation notice
101. Making and publication of submissions
102. Considering submissions
103. Release of final decision material

Division 2--Cost of energy

104. Prescribed methodology for estimating long run marginal cost of energy—Act, s 92(6)
105. Required principles for framework
106. Matter the framework must take into account
107. Consistency of framework with previous tariff years

Division 3--Retail costs

108. Prescribed methodology for forming view of likely cost of providing customer retail services—Act, s 94(2)
109. Assumption for provision of customer retail services
110. Costs to provide customer retail services
111. Provision about changes to retail cost framework

CHAPTER 4--MARKET AND SYSTEM ARRANGEMENTS

Part 1--System and network control

Division 1--Operating electrical installations

118. National Electricity Rules to be followed

Division 2--Network control

119. Network operation not to interfere with Queensland system
120. National Electricity Rules to be followed
121. Dealings to be impartial
122. Confidentiality
123. Reasonable charges for services

Part 2--Conditions of authorities and special approvals

Division 1--General provisions

124. Separation of distribution and retail sectors
125. Compliance with National Electricity Rules instruments
126. Retail authority condition for retailer of last resort scheme
127. Prescribed special approval holder—Act, s 61B

Division 2--Demand management plans

127A. Definitions for div 2
127B. Condition of distribution authority
127C. Preparing demand management plan
127D. Approving demand management plan
127E. Recommendations by regulator
127F. Amending approved demand management plan
127G. Complying with approved demand management plan
127H. Reporting requirements

Part 3--Special approvals

128. Approval to connect for generation plant of particular State electricity entities installed immediately before 1 January 1995
129. Approval to connect for mobile generating plant for emergency or maintenance work by distribution entities
130. Approval to connect particular generating plant with 30MW or less capacity
131. Special approval holders treated as electricity entities—Act, s 59(2)
132. Special approval for QETC

CHAPTER 5--PROHIBITED INTERESTS

133. Distribution authorities

CHAPTER 6--QUEENSLAND GAS SCHEME

Part 1--General provisions

134. Prescribed transmission zones
135. Prescribed programs

Part 2--Monitoring

136. Appointment conditions for approved auditors
137. Prescribed contents for audit reports

CHAPTER 7--ENERGY EFFICIENCY AND PERFORMANCE OF ELECTRICAL EQUIPMENT

Part 1--Minimum energy efficiency and performance

Division 1--Registration

138. Application for registration
139. Requirements for registration
140. Minimum energy efficiency and performance criteria
141. Steps after registration
142. Term of registration
143. Change of name or address
144. Changing energy efficiency label identifying electrical equipment
145. Refusal to change energy efficiency label
146. Notice of change to energy efficiency label
146A. Request for documents or information confirming compliance with relevant standard

Division 2--Transfer and cancellation of registration

147. Transfer of registration
148. Notice of transfer
149. Cancellation of registration
150. Procedure before cancellation
151. Notice, by holder, of cancellation of registration

Division 3--Energy efficiency label

152. Energy efficiency label

Division 4--Register

153. Register
154. Inspection of register

Part 2--Testing and test reports

Division 1--Preliminary

155. Testing of prescribed electrical equipment
156. Test reports

Division 2--Check testing

157. Requirement by regulator to make available prescribed electrical equipment for testing
158. What happens if check testing shows noncompliance
159. What happens if check testing shows compliance
160. Return of equipment made available to the regulator

Part 3--Offences

161. Part does not apply to second-hand prescribed electrical equipment
162. Prescribed electrical equipment in sch 4, pt 1—labelling and registration
163. Prescribed electrical equipment in sch 4, pt 2—registration
164. Prescribed electrical equipment in sch 4, pt 3—registration
165. Representations about 3-phase cage induction motors
165A. Representations about digital television set-top boxes
165B. Representations about external power supplies
166. Marking and labelling particular fluorescent lamp ballasts
166A. Further restriction on sale of particular air conditioners

CHAPTER 8--EMPLOYMENT IN GOVERNMENT OWNED ELECTRICITY INDUSTRY

Part 1--Preliminary

167. Definitions for ch 8
168. Meaning of redundant and redundant employee
169. Meaning of suitable alternative employment
170. Industrial Relations Commission may decide particular matters

Part 2--General employment conditions and entitlements

171. Definitions for pt 2
172. EGTS award is binding
173. Secondment does not affect employment in the GOE industry
174. Continuous service
175. Calculation at a proportionate rate for particular employee
176. Chapter 8 prevails over industrial instruments

Part 3--Transfer of employment within GOE industry

177. Application of pt 3
178. When there is transfer of employment within GOE industry
179. When employment with former employer and new employer is taken to be continuous service
180. Transferred employee may elect for leave entitlement to become leave entitlement with new employer
181. Payment by former employer to new employer towards long service leave entitlements not accrued on transfer
182. Transferred employees not made redundant
183. Particular new employers must pay superannuation into transferred employee's existing scheme

Part 4--Recognition of previous service other than on transfer

184. Application of pt 4
185. Recognition of previous service

Part 5--Long service leave

Division 1--Entitlement
Subdivision 1--General entitlement provision

186. Entitlement to long service leave
Subdivision 2--Service and continuity of service
187. Service recognised for long service leave purposes
188. Casual employees
189. Periods of absence without pay that count as service
Subdivision 3--Calculation of entitlement
190. Calculation of long service leave
191. Casual employees—conversion to full time equivalent

Division 2--Obtaining long service leave

192. Application for long service leave
193. Employer's right to refuse or defer long service leave

Division 3--Miscellaneous provisions

194. Minimum period
195. Employer's right to recall an employee from leave
196. Public holidays happening during long service leave
197. Illness during long service leave
198. Payment of cash equivalent of long service leave
199. Preservation of particular existing rights

Part 6--Locality allowances

200. Application of pt 6
201. Allowance payable to a GOE industry employee with a dependent spouse or dependent child
202. Allowance payable to other employees
203. Allowance payable if both spouses are entitled
204. Allowance payable to an employee absent from headquarters on duty
205. Allowance payable to an employee on leave
206. Building projects where site allowance is paid

Part 7--Overtime payments

207. Overtime payments

CHAPTER 9--REVIEW OF AND APPEALS AGAINST DECISIONS

Part 1--Review of decisions

208. Who may apply for review etc.
209. Applying for review
210. Stay of operation of decision etc.
211. Decision on review

Part 2--Appeals

Division 1--Appeals against decisions on what is fair and reasonable

212. Who may appeal
213. Making appeals

Division 2--Other appeals

214. Who may appeal
215. Making appeals
216. Starting appeals
217. Stay of operation of decisions
218. Powers of court on appeal
219. Effect of court's decision on appeal
220. Procedure of court
221. Appeals

CHAPTER 10--GENERAL PROVISIONS

Part 1--Application of Judicial Review Act to State electricity entities

222. Commercial and excluded activities for Act, s 256

Part 1A--Industry code provisions

Division 1--Proposals to amend

222A. Proposal to amend
222B. QCA response to proposal
222C. Notice of decision not to submit for consultation
222D. QCA-initiated amendments not affected

Division 2--Required consultation for QCA making or amending industry code
Subdivision 1--Preliminary

222E. Prescribed consultation—Act, ss 120H(2) and 120PA(1)
222F. Application of div 2 for amendments
Subdivision 2--Interim steps
222G. Application of sdiv 2
222H. Interim consultation notice
222I. Submissions
222J. Considering submissions
222K. Release of draft report and draft proposed code
Subdivision 3--Final steps
222L. Final consultation notice
222M. Submissions
222N. Considering submissions
222O. Release of final report and final proposed code

Part 2--Declared State electricity entities

224. Declarations—Act, s 259A(2)

Part 3--Miscellaneous

225. Approved industry superannuation scheme
226. Fees
227. Forms

Part 4--Transitional provisions

Division 1--Transitional provisions for original regulation

228. Definition for div 1
229. Continuation of agreements for substations
230. Electric lines installed or operated before 1 October 2002
231. Existing registrations of items of prescribed electrical equipment
232. Existing approvals, notices, decisions, directions and requirements under 1994 regulation
233. Existing applications
234. Unfinished appeals

Division 2--Transitional provisions for Electricity Amendment Regulation (No. 3) 2007

235. Small customers for negotiated retail contracts under Act, s 312
236. Existing decisions under s 88 or 211
237. Unfinished referrals and reviews
238. Contestable customers for National Electricity Rules

Division 3--Transitional provision for Electricity Amendment Regulation (No. 4) 2007

239. Provision for new s 142

Division 4--Transitional provision for Electricity Amendment Regulation (No. 1) 2009

240. Demand management plans for 2009 financial year
SCHEDULE 1 -- MAXIMUM PERMITTED RATING OF ELECTRIC MOTORS
SCHEDULE 3 -- SPECIAL APPROVAL HOLDERS TREATED AS ELECTRICITY ENTITIES
SCHEDULE 4 -- PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS
SCHEDULE 5 -- QCA REVIEW OF DECISIONS
SCHEDULE 6 -- APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT
SCHEDULE 7 -- FEES PAYABLE TO REGULATOR
SCHEDULE 8 -- MAXIMUM FEES PAYABLE TO ELECTRICITY ENTITY
SCHEDULE 9 -- DICTIONARY
Endnotes

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